Erin Mendenhall DEPARTMENT of COMMUNITY

Mayor and NEIGHBORHOODS

Blake Thomas
Director

CITY COUNCIL TRANSMITTAL

________________________
Lisa Shaffer (Oct 29, 2020 09:30 MDT) Date Received: _________________
10/29/2020

Lisa Shaffer, Chief Administrative Officer Date sent to Council: _________________

10/29/2020

______________________________________________________________________________

TO: Salt Lake City Council DATE: 10/28/2020

Chris Wharton, Chair

FROM: Blake Thomas, Director, Department of Community & Neighborhoods

__________________________

SUBJECT: Dockless Shared Mobility Ordinance

STAFF CONTACT: Jon Larsen, Transportation Division Director, jon.larsen@slcgov.com,

801.535.6630

DOCUMENT TYPE: Ordinance

RECOMMENDATION: Adopt ordinance on the governance of electric scooters and shared

mobility for Salt Lake City.

BUDGET IMPACT: The ordinance provides for business licensing fees related to the
operations of a dockless shared mobility device program. Such business licenseing fees include
an up-front fee of thirty dollars per shared mobility device and an additional ten cent fee for each
ride on such shared mobility device. If a relatively conservative estimate of 750,000 rides on
shared mobility devices take place in a one year period, the City would collect approximately
$75,000 in up front fees and an additional $75,000 in per-ride fees.

BACKGROUND/DISCUSSION: In July 2018, the first dockless scooter companies launched

in Salt Lake City under a temporary operating agreement. This agreement has allowed vendors to
obtain a business license during a pilot period until an ordinance is passed. A draft ordinance was
shared with Council, and made public in the fall of 2019. Since that time, multiple City Council
meeting have been held regarding the proposed ordinance with the most recent meeting
occurring on October 13, 2020. As a result of such meetings, the proposed ordinance has been
updated to incorporate City Council feedback and to provide a proposed structure for business
licensing fees. Some of the changes from the original version of the proposed include:

SALT LAKE CITY CORPORATION

451 SOUTH STATE STREET, ROOM 445 WWW.SLC.GOV
P.O. BOX 145487, SALT LAKE CITY, UTAH 84114-5487 TEL 801.535.7712 FAX 801.535.6269
 • Additional language to emphasize that docked shared mobility device program operators
are not subject to the requirements that apply specifically to dockless shared mobility
device programs.
• The insurance requirements that address situations where a dockless shared mobility
device program operator’s general liability insurance coverage was sufficient to satisfy
the excess liability coverage requirements imposed by the ordinance.
• Additional requirements for safety features.
• language to differentiate between scooters and devices - motorized or otherwise - used by
individuals with mobility disabilities.
• A business licensing fee structure that provides for an up-front fee of thirty dollars per
shared mobility device and an additional fee of ten cents per ride on such shared mobility
device.

PUBLIC Engagement: The majority of the public feedback on the draft ordinance came
through an online survey, which was available from November 19 to December 4, 2019.
Additional pubic hearings were held by Council on July 14 and August 11, 2020.

EXHIBITS:
1) Scooter Ordinance
 SALT LAKE CITY ORDINANCE
No. ___ of 2020

(Mobility Devices)

An ordinance enacting Chapters 5.67 and 12.82 of the Salt Lake City Code regarding the

regulation of mobility devices and amending the Salt Lake City Consolidated Fee

Schedule.

WHEREAS, the use of motor assisted scooters and other mobility devices within

the boundaries of Salt Lake City Corporation (the “City”) has increased significantly over

the past few years; and

WHEREAS, multiple companies that make motor assisted scooters and other

shared mobility devices available for short term rentals have entered the Salt Lake City

market during the past year; and

WHEREAS, the Utah Legislature recently passed legislation further refining the

definitions of motor assisted scooters and updating regulations regarding the use of such

scooters; and

WHEREAS, it is in the best interest of the City to have the flexibility to award

contracts for the deployment and rental of motor assisted scooters and other shared

mobility devices to the appropriate number of companies the City believes the market can

support; and

WHEREAS, the City desires to provide additional regulations governing the use

of motor assisted scooters and other mobility devices inside the City boundaries; and

WHEREAS, the Salt Lake City Council finds that the provisions of this ordinance

further the health, safety, and welfare of City residents and visitors;

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 NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah:

SECTION 1. That chapter 5.67 of the Salt Lake City Code shall be, and hereby

is, enacted to read as follows:

Chapter 5.67
Mobility Devices

Article I. Definitions and General Regulation

5.67.005: Definitions
5.67.010: Authority to Establish Rules and Regulations

5.67.005: DEFINITIONS:

The following words and phrases, when used in this chapter, shall have the meanings
defined and set forth in this section.

BUSINESS: A voluntary association legally formed and organized to carry on a

Business in Utah in the legal name of the association, including without limitation a
corporation, limited liability company, partnership, or sole proprietorship.

CITY: The governmental institution and landmass contained within the boundaries of
Salt Lake City, Utah.

CIVIL NOTICE: A written notice of violation as provided under this chapter.

CONCESSIONAIRE: A person or entity with whom the City has contracted to provide
dockless shared mobility device services.

DEPARTMENT: The Salt Lake City Department of Community and Neighborhoods or

such other City department or division as may be designated by the mayor to have
responsibility for the enforcement of this chapter.

DEPARTMENT DIRECTOR: The director of the department designated by the mayor

to have responsibility for the enforcement of this chapter or the authorized designee of
such director.

DEPARTMENT CONTRACT: A valid, existing, and current contract negotiated and

approved by the department for providing dockless shared mobility device services
within the corporate boundaries of Salt Lake City.

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DEPARTMENT RULES AND REGULATIONS: Rules and regulations developed
and adopted by the department director to govern dockless shared mobility device
services and businesses within the City.

DOCKLESS SHARED MOBILITY DEVICE: A shared mobility device that a

customer is not required to return to a docking station at the conclusion of a ride.

DOCKLESS SHARED MOBILITY DEVICE PROGRAM: The offering of a

dockless shared mobility device for hire.

FARE: That portion of the charge for rental of a dockless shared mobility device that is
automatically calculated by an app or comparable technology through the operation of the
mileage and/or time mechanism.

IN-SERVICE: A shared mobility device that is deployed for use on the streets of the
City.

MARKED DOCKING STATION: A public place alongside the curb of a street, or

elsewhere in the City, which has been designated for the exclusive deployment of shared
mobility devices and has been marked in a manner that identifies such docking station as
being set aside for that purpose.

MOTOR ASSISTED SCOOTER:

A. A self-propelled device with:
a. at least two wheels in contact with the ground;
b. a braking system capable of stopping the unit under typical operating
conditions;
c. an electric motor not exceeding 2,000 watts or other motor providing
equivalent power;
d. either
i. handlebars and a deck design for a person to stand while operating
the device; or
ii. handlebars and a seat designed for a person to sit, straddle, or stand
while operating the device; and
e. a design for the ability to be propelled by human power alone; and
f. a maximum speed of 20 miles per hour on a paved level surface.
B. Motor Assisted Scooter does not include:
a. an electric assisted bicycle;
b. any power-driven device used by individuals with mobility disabilities for the
purpose of locomotion; or
c. a motor-driven cycle

PERSON: An individual, a corporation or other legal entity, a partnership, and any

incorporated association.

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SHARED MOBILITY DEVICE: A bicycle, electric bicycle or motor-assisted scooter
made available to the public for hire.

SHARED MOBILITY DEVICE PROGRAM OPERATOR: A person offering a

shared mobility device for hire.

5.67.010: AUTHORITY TO ESTABLISH RULES AND REGULATIONS: To the

extent authorized by the provisions of this chapter and consistent with other applicable
provisions of this code, the department director, under guidance and direction from the
Mayor, may enter into contracts deemed necessary or desirable and may establish rules
and regulations necessary to administer the provisions of this chapter.

Article II. Dockless Shared Mobility Device Programs

PART 1. GENERAL REQUIREMENTS

5.67.020: Compliance Responsibility

5.67.030: Requirements for Operating a Dockless Shared Mobility Device Program:
5.67.040: Dockless Shared Mobility Devices – Required Equipment
5.67.050: Dockless Shared Mobility Device Program – Operating Requirements
5.67.060: Violations – Dockless Shared Mobility Device Program Operators

5.67.020: COMPLIANCE RESPONSIBILITY:

A. All persons operating a dockless shared mobility device program shall comply
with and operate under requirements of applicable law, including without
limitation Federal, State, County and City laws and ordinances, and department
rules and regulations. Shared mobility device programs that exclusively operate
using devices that must be returned to a dock are not subject to the dockless
shared mobility device program requirements set forth herein.

B. No dockless shared mobility device program shall be relieved of any

responsibility for compliance with the provisions of this chapter, regardless of
whether the dockless shared mobility device program operator pays salary, wages,
or any other form of compensation.

5.67.030: REQUIREMENTS FOR OPERATING A DOCKLESS SHARED

MOBILITY DEVICE PROGRAM:

A. No person shall permit a dockless shared mobility device owned or controlled by

such person to be in service for hire upon the streets of Salt Lake City unless such
person is authorized to do so under a business license obtained from the City.

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B. No person may operate a dockless shared mobility device program in the City
unless the person is authorized to do so under a business license obtained from the
City.

C. Each dockless shared mobility device program operator shall pay to the City the
applicable business licensing fees as set forth in Chapter 5.04 of the Salt Lake
City Code and as further described in the Salt Lake City Consolidated Fee
Schedule.

D. Insurance.

a. Each dockless shared mobility device program operator shall provide,

concurrent with the execution of this Agreement:
i. A comprehensive general liability insurance policy covering
business operations with minimum limits of $1,000,000 per
occurrence with a $5,000,000 general aggregate;
ii. Automobile insurance coverage with a limit of at least $1,000,000
each occurrence and $1,000,000 aggregate;
iii. Umbrella or excess liability coverage with a limit of at least
$5,000,000 each occurrence and $5,000,000 aggregate or sufficient
general liability insurance to satisfy the excess liability coverage
requirement; and
iv. Workers’ compensation insurance in an amount no less than
required by law.

b. A current certificate of insurance, approved by the City Attorney, must be

kept on file with the City Recorder verifying such continuing coverage
and naming the City as an additional insured on a primary and non-
contributory basis in comparison to all other insurance including City’s
own policy or policies of insurance. The certificate shall contain a special
endorsement to the effect that the City will be notified at least thirty (30)
days prior to cancellation or reduction in the limits. The City requires
continuous coverage. Cancellation of insurance will result in the automatic
suspension of the dockless shared mobility device program operator’s
ability to operate until the shared mobility device program operator
provides proof of coverage in the amounts and manner specified above.

E. Indemnification. Each dockless shared mobility device program operator shall

indemnify, save harmless, and defend the City, its agents and employees, from all
claims, liens, damages, demands, actions, costs, and charges, including attorney
fees, arising out of negligent, reckless or intentional acts, errors or omissions of
the dockless shared mobility device program operator, its officers, employees, and
agents. If the City’s tender of defense, based upon this indemnity provision, is
rejected by the dockless shared mobility device program operator, and the
dockless shared mobility device program operator is later found by a court of
competent jurisdiction to have been required to indemnify the City, then in

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 addition to any other remedies the City may have, the dockless shared mobility
device program operator shall pay the City’s reasonable costs, expenses, and
attorney fees incurred in proving such indemnification, defending itself, or
enforcing this provision. The dockless shared mobility device program operator
shall not be liable for claims, demands, costs, losses, or damages that arise out of
the City’s negligence or willful misconduct.

F. Data Sharing. Dockless shared mobility device program operators will share data
with the city in accordance with the requirements set forth in Utah Code, in city
code, and in any applicable state or local regulations.

5.67.040: DOCKLESS SHARED MOBILITY DEVICES - EQUIPMENT

REQUIRED

A. Dockless shared mobility device program operators will comply with all
applicable safety standards established by federal, state, or city law;

B. Bicycles, electric bicycles and motor assisted scooters operated as dockless shared
mobility devices will comply with the most recent applicable safety standards
promulgated by the city.

C. All dockless shared mobility devices will be equipped with both a primary and a
secondary braking mechanism.

D. All dockless shared mobility devices will be equipped with a bell or other audible
signal device used to alert pedestrians to the presence of the dockless shared
mobility device.

E. All dockless shared mobility devices will be equipped with Global Positioning
Satellite (“GPS”) systems.

F. All dockless shared mobility devices will be regularly inspected and maintained at
least every 30 days by the dockless shared mobility device program operator.

G. Dockless shared mobility device program operators must be able to remotely

render inoperable any dockless shared mobility device that has been reported as
being damaged or defective.

H. Dockless shared mobility device program operators shall provide the City with a
list individually identifying all dockless shared mobility devices.

I. All dockless shared mobility devices must have an identification number

prominently displayed on such device.

J. A dockless shared mobility device program operator shall prominently display

dockless shared mobility device program operator’s contact information,

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 including a toll-free phone number and an email address, on each dockless shared
mobility device deployed within the City.

5.67.050: DOCKLESS SHARED MOBILITY DEVICE PROGRAM -

OPERATING REQUIREMENTS:

A. Deployment of Dockless Shared Mobility Devices

a. A dockless shared mobility device program operator may not deploy

dockless shared mobility devices within city-designated zones in
quantities or allocations that violate the regulations promulgated by the
city transportation director.

B. Parked Dockless Shared Mobility Devices.

a. Dockless shared mobility devices may not be temporarily placed or left in

the following areas in such a way as to impede the normal operation of
such areas or the free flow of pedestrians and traffic:
i. Any multi-use path;
ii. Any vehicle travel lane;
iii. Any vehicle parking space;
iv. Any UTA TRAX or FrontRunner boarding platform;
v. Anywhere that impedes safe access to or egress from a UTA bus;
vi. Within fifteen (15) feet of any building access or egress, including
driveways;
vii. Within thirty (30) feet of any ADA ramp or access of any kind;
viii. Anywhere that impedes the use of an existing docking station or
corral for motor assisted scooters or other mobility devices.
ix. Any areas in which leaving a shared mobility device is prohibited
pursuant to regulations promulgated by the city transportation
director.

b. Dockless shared mobility devices may not be parked in an undocked

status in any of the following locations:
i. Within ten (10) feet of any Utah Transit Authority bus stop
sign;
ii. Within fifteen (15) feet of any traffic signal pole;
iii. Within fifteen (15) feet of any utility box or other utility
structures.

c. Dockless shared mobility device program operators shall require dockless

shared mobility device drivers to take a photograph of their properly
parked dockless shared mobility device, or otherwise verify that they have
properly parked the dockless shared mobility device, as part of the process
for completing a dockless shared mobility device program transaction.

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 d. Upon notification, a dockless shared mobility device program operator has
two hours to move dockless shared mobility devices that have not been
parked in accordance with the restrictions set forth in this Agreement. If
the dockless shared mobility device program operator fails to remove the
improperly parked dockless shared mobility devices within the specified
two-hour time period, then the City may impound the improperly parked
dockless shared mobility devices at the dockless shared mobility device
program operator’s expense.

5.67.060: VIOLATIONS – DOCKLESS SHARED MOBILITY DEVICE

PROGRAM OPERATORS:

A. Violations of this chapter shall be addressed pursuant to the processes and

penalties set forth in Chapter 5.88 of the Salt Lake City Code.

B. Dockless shared mobility device program operators shall work with the City,
including the Department and the Salt Lake City Police Department to facilitate
enforcement of this chapter with the most advanced and appropriate available
technology. Such enforcement efforts will include facilitating the enforcement of
permanent, semi-permanent, and temporary no-ride zones designated by the City.

PART 2. CONTRACT-BASED SYSTEM FOR PROVISION OF DOCKLESS SHARED

MOBILITY DEVICE SERVICES.

5.67.070: Contract-Based System For Providing Dockless Shared Mobility Device

Program Services

5.67.070: CONTRACT-BASED SYSTEM FOR PROVIDING DOCKLESS

SHARED MOBILITY DEVICE PROGRAM SERVICES:

A. The city reserves the right to adopt a contract-based system to govern the
provision of dockless shared mobility device program services within the city.

B. If the city hereby adopts a contract-based system for provision of dockless shared
mobility device programs, then only dockless shared mobility device program
operators selected pursuant to a competitive request for proposals (RFP) process
and who have entered into a department contract, as defined in Section 5.67.005,
may operate a dockless shared mobility device program upon Salt Lake City
streets.

C. The mayor, or the mayor’s designee, shall determine the number of dockless
shared mobility device program operators that shall be awarded a department
contract.

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 D. The mayor, or the mayor’s designee, shall determine the total number of dockless
shared mobility devices authorized to operate in the City under all such
department contracts.

E. Department Contracts between the City and any selected dockless shared mobility
device program operators may contain additional requirements and restrictions
beyond those set forth in the Salt Lake City Code.

SECTION 2. That chapter 12.82 of the Salt Lake City Code shall be, and hereby

is, enacted to read as follows:

CHAPTER 12.82
Motor Assisted Scooters

12.82.005: Definitions
12.82.010: Traffic Laws
12.82.020: Sidewalk and Right-Of-Way Restrictions
12.82.030: Enforcement

12.82.005: DEFINITIONS

MOTOR ASSISTED SCOOTER:

A. A self-propelled device with:
a. at least two wheels in contact with the ground;
b. a braking system capable of stopping the unit under typical operating
conditions;
c. an electric motor not exceeding 2,000 watts or other motor providing
equivalent power;
d. either
i. handlebars and a deck design for a person to stand while operating
the device; or
ii. handlebars and a seat designed for a person to sit, straddle, or stand
while operating the device; and
e. a design for the ability to be propelled by human power alone; and
f. a maximum speed of 20 miles per hour on a paved level surface.
B. Motor Assisted Scooter does not include:
a. an electric assisted bicycle;
b. any power-driven device used by individuals with mobility disabilities for the
purpose of locomotion; or
c. a motor-driven cycle

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12.82.010: TRAFFIC LAWS:

A driver of a motor assisted scooter shall be subject to all laws that apply to the operation
of a bicycle. Drivers are also prohibited from operating a motor assisted scooter while
consuming any alcoholic beverage or while under the influence of alcohol or any drug to
a degree that renders the driver incapable of safely driving a vehicle within the city as set
forth in section 12.24.100 of the Salt Lake City Code or section 41-6a-502 of the Utah
Code.

12.82.020: SIDEWALK AND RIGHT-OF-WAY RESTRICTIONS:

A. Motor assisted scooters shall not be operated on any sidewalk on which a bicycle
may not be operated;

B. Motor assisted scooters may not be operated in a manner contrary to signs, traffic
control devices, or other devices governing movement, traffic, or other activities.

C. Any motor assisted scooter that is not in use must be secured to a permitted dock
rack or corral or otherwise placed as required below:

a. Motor assisted scooters may not, at any time, for any reason, impede the
free flow of pedestrian traffic.

b. Motor assisted scooters may not be temporarily placed or left in the

following areas in such a way as to impede the normal operation of such
areas or the free flow of pedestrians and traffic:
i. Any multi-use path;
ii. Any vehicle travel lane;
iii. Any vehicle parking space;
iv. Any UTA TRAX or FrontRunner boarding platform;
v. Anywhere that impedes safe access to or egress from a UTA
bus;
vi. Within fifteen (15) feet of any building access or egress,
including driveways;
vii. Within thirty (30) feet of any ADA ramp or access of any
kind;
viii. Anywhere that impedes the use of an existing docking station
or corral for motor assisted scooters or other mobility
devices.
ix. Any areas in which leaving a motor assisted scooter is
prohibited pursuant to regulations promulgated by the city
transportation director.

c. Motor assisted scooters placed or otherwise left in violation of the

requirements of this section may be relocated or impounded at the motor
assisted scooter owner’s expense.

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12.92.030: ENFORCEMENT: A person who violates the provisions of this chapter is
guilty of an infraction.

SECTION 3. That the Salt Lake City Consolidated Fee Schedule shall be, and

hereby is, amended, in pertinent part, to reflect the fees and corresponding fee

information set forth in the attached Exhibit A, and that a copy of the amended Salt Lake

City Consolidated Fee Schedule shall be published on the official Salt Lake City website.

SECTION 4. That this ordinance shall become effective immediately upon

publication.

Passed by the City Council of Salt Lake City, Utah this ___ day of __________________

2020.

____________________________________
CHAIRPERSON
ATTEST:

_________________________
CITY RECORDER

Transmitted to Mayor on ____________________________.

Mayor’s Action: _________ Approved. ____________ Vetoed.

_______________________________________
MAYOR

_________________________
CITY RECORDER

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(SEAL)
APPROVED AS TO FORM

Bill No. _______ of 2020. Date:__October 27, 2020_____________

Published: __________________
By: ___Jaysen Oldroyd_______________
Jaysen Oldroyd, Senior City Attorney

Shared Mobility Device Ordinance - 10-27-2020

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 EXHIBIT A

BUSINESS LICENSING

For questions regarding Business Licensing Fees Contact: 801-535-6644

Service Fee Additional Information Section

$30
Shared Mobility – Per Device Per device 5.67.030

$0.10
Shared Mobility – Per Ride Per ride 5.67.030

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